ORDINANCE CREATING SECTION 32-101; GRANTING DISCRETION TO THE DIRECTOR OF THE MIAMI-DADE WATER AND SEWER DEPARTMENT TO ISSUE A ONE-TIME LIFETIME BILLING ADJUSTMENT TO CUSTOMERS WHERE THERE ARE EXTREME CIRCUMSTANCES THAT MERIT AN ADJUSTMENT; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

The foregoing proposed ordinance was deferred during consideration of changes to today's (10/26) agenda, as requested by the Co-Prime Sponsor Commissioner Diaz.

County Mayor

10/25/2011

Deferrals

REPORT:

The Co-Prime Sponsor has requested deferral to the November 9, 2011 Infrastructure and Land Use Committee meeting.

Board of County Commissioners

9/1/2011

Tentatively scheduled for a public hearing

Infrastructure and Land Use Committee

10/26/2011

Board of County Commissioners

9/1/2011

4B

Adopted on first reading

10/26/2011

P

REPORT:

First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.
Hearing no questions or comments, the Commission proceeded to vote on the foregoing proposed ordinance as presented.
The foregoing proposed ordinance was adopted on first reading and set for a public hearing before the Infrastructure and Land Use Committee on Wednesday, October 26, 2011 at 2:00 p.m.

County Attorney

8/22/2011

Referred

Infrastructure and Land Use Committee

10/26/2011

County Attorney

8/22/2011

Assigned

Sarah E. Davis

Legislative Text

TITLE

ORDINANCE CREATING SECTION 32-101; GRANTING DISCRETION TO THE DIRECTOR OF THE MIAMI-DADE WATER AND SEWER DEPARTMENT TO ISSUE A ONE-TIME LIFETIME BILLING ADJUSTMENT TO CUSTOMERS WHERE THERE ARE EXTREME CIRCUMSTANCES THAT MERIT AN ADJUSTMENT; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY

WHEREAS, Resolution No. R-1164-04 provides a one-time lifetime adjustment for a Miami-Dade Water and Sewer Department quarterly single-family residential customer who receives a bill that exceeds six (6) times the past year’s average quarterly consumption due to a concealed leak; and
WHEREAS, Resolution No. 1164-04 has resulted in credits to customers that met the criterion in the amount $7,381,645.68 since its inception; and
WHEREAS, an adjustment to the bill for 50% of the excess water and 100% of the excess sewer charges above the average consumption is given if the quarterly single-family residential customer makes the necessary repairs to its plumbing and provides the information required by the Department’s Rules and Regulations; and
WHEREAS, on several occasions customers have received unusually high bills and neither the Miami-Dade Water and Sewer Department nor the customers have been able to explain the reason for such high bills; and
WHEREAS, this Board seeks to assist customers that receive a bill that exceeds six (6) times the past year’s average respective monthly or quarterly consumption and neither the Miami-Dade Water and Sewer Department nor the customers can explain the reason for the high bill; and
WHEREAS, in 2008, the Miami-Dade Water and Sewer Department received 11,087 high bill complaints and issued approximately 8,316 credits; and
WHEREAS, in 2009, the Miami-Dade Water and Sewer Department received 17,666 high bill complaints and issued approximately 12,965 credits; and
WHEREAS, in 2010, the Miami-Dade Water and Sewer Department received 16,364 high bill complaints and issued approximately 13,404 credits,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. Section 32-101 of the Code of Miami-Dade County, Florida, is hereby created to read as follows1
>>32-101 Section 32-101. One-Time Lifetime Credit for Customers

(1) The Director of the Miami-Dade Water and Sewer Department is hereby given discretion to provide a one-time lifetime billing adjustment to a customer who disputes a high bill that is not the result of a concealed or visible leak. The Director’s discretion to grant such a credit will be based on his assessment that there are extreme circumstances affecting the customer’s account that merit a credit.

(a) For purposes of this section, the term “extreme circumstances” is defined as those situations in which a customer receives a bill that exceeds six (6) times the past year’s average, as applicable, monthly or quarterly consumption but is unable to show the Department that the high bill is due to a leak, concealed or visible, and cannot otherwise explain the high water bill.

(2) In order to be considered for the one-time lifetime billing adjustment that the Director of the Miami-Dade Water and Sewer Department has been given discretion to grant, a customer seeking a one-time lifetime adjustment for extreme circumstances must be in good standing with the Department.

(a) For purposes of this section, a customer in “good standing” is defined as a customer who has not had the water disconnected for nonpayment or his/her account placed in collection during the previous 12 months.

(b) In order to request a one-time lifetime billing adjustment, a customer must submit their request on a form proscribed by the Department; and must provide the Department with a notarized affidavit stating that a licensed plumber has checked the residence (inside and out) for leaks (both concealed and visible); that the customer did not leave a hose running inadvertently or otherwise allow water to flow for any period of time; and that there have been no changes in water usage within the household during the billing period (i.e. new landscaping, guests visiting, major household repairs or construction that required increased water usage, problems with one’s pool or sprinkler system, or water theft.)

(3) The Department shall keep track of adjustments to ensure that a customer receives only one lifetime adjustment based on extreme circumstances.

(4) The Department will provide a report to the Board of County Commissioners on an annual basis, which sets forth a detailed accounting of the one-time lifetime adjustments under R1164-04 and this section of the Code per year.

(5) Nothing in this section shall affect the Department’s Rules and Regulations that address the procedures and credits allowed when a concealed or visible leak has been discovered in connection with a single-family residential customer’s account.<<

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.

Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any Sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The Sections of this ordinance may be renumbered or relettered to accomplish such intention and the word “ordinance may be changed to “section”, “article” or other appropriate word.

Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.